Tasmanian Numbered Regulations

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SUPREME COURT RULES 2000 (S.R. 2000, NO. 8) - REG 351

Judgment for part unanswered by defence
(1)  If a defendant delivers a defence to part only of a plaintiff's alleged cause of action, the plaintiff, by leave of the Court or a judge, may enter final or interlocutory judgment for the part unanswered if –
(a) the part unanswered consists of a separate cause of action or is severable from the rest; and
(b) if the plaintiff's claim is for one or more of the following:
(i) a debt or liquidated demand;
(ii) pecuniary damages only;
(iii) the detention of goods, with or without a claim for pecuniary damages;
(iv) the recovery of land.
(2)  If a defendant has a counterclaim, execution on a judgment entered under subrule (1) is not to issue without leave of the Court or a judge.



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